LCWRA or LCW? Which am I ?

slou33

Posting on behalf of my sister ..
Any advice would be great
She has a Assesment via video on Monday.
She is in a bad state with it all.
She is currently receiving UC and handing fit notes in.

She has had anxiety /depression for over 15 years now.
Has seen many mental health professionals 
She has been back in forwards to hospital as the anxiety affects her heart and causes pvcs /pacs.
She doesn’t go out alone,she hasn’t been as far as her garden since Feb.
I do her shopping etc 
She has lost touch with friends 
She can’t cope with all of this and she has self harmed in the build up because she doesn’t know how she is going to get through Assesment.

if she only gets LCW she won’t be able to go to job centre and she isn’t ready to look for work,I know she won’t manage all the phone calls.
At the minute they call her fortnightly and she doesn’t sleep a few days before,the day of the phone call she vomits and is hysterical.

Does she have LCW or LCWRA ?
Obviously she doesn’t have a terminal disease so I’m assuming she doesn’t have LCWRA ?

Alice_Holt

Does she have LCW or LCWRA?

Neither, that is to be determined by the assessment.

Descriptors here:
https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3903-limited-capability-for-work

https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity


https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/esa-medical-assessment/

"At the minute they call her fortnightly and she doesn’t sleep a few days before,the day of the phone call she vomits and is hysterical."
She needs to explain this fully at the assessment, and spell out any risk to her health that participating in work focused interviews might involve.


(ESA & UC LCW/LCWRA assessments are the same)

poppy12345

You don't need to any " a terminal disease" to be found to have LCWRA. Descriptors are here for LCWRA, please take note of the "substantial risk" part in the link. https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/3904-limited-capability-for-work-related-activity

4. There is a substantial risk to you, or others, if you are found not to have a limited capability for work-related activity.  You will be treated as having limited capability for work-related activities if:

‘you suffer from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement; there would be a substantial risk to the mental or physical health of any person if you were found not to have limited capability for work-related activity'

More info on that here. https://wcainfo.net/issues/substantial-risk-lcwra

Once the decision's been made if she's not happy then she can request the Mandatory Reconsideration (MR)